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PEOPLE v. PACHECO

292 A.D.2d 242 (2002)

738 N.Y.S.2d 576

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDUARDO PACHECO, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided March 19, 2002.

Defendant's suppression motion was properly denied. The record supports the court's finding that there was no violation of Payton v New York (445 U.S. 573) since the police entry into defendant's apartment was based on the consent of a person who reasonably appeared to have authority to consent. The complainant expressly stated the basis for her authority to consent, namely, that she lived in the apartment, and the circumstances were...

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